Shyam Rochiram Godhwani v. Lajwanti Gopichand Godhwani And 5 ORS.

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY

ORDINARY ORIGINAL CIVIL JURISDICTION APPEAL (L)NO.392 OF 2018 Shyam Rochiram Godhwani ...Appellant vs.

Mrs.Lajwanti Gopichand Godhwani and others

...Respondents

Mr.R.C.Mishra for the appellant Mr.Ajay Panicker I/b Ajay Law Associates for the respondent Nos.1 and 2 Mr.Karl Shroff a/w Khyati pandit I/b Dhru & Co. for the respondent No.5 Mr.Gauraj Shah and Mr.Mayank Bugla I/b Kanga & Co. for the respondent No.4 Mr.D.R.Shetty, Court Receiver and Ms Kavita Ambekar, 1st Asst.C.R. present.

CORAM : A.S.OKA, & M.S.SONAK,JJ.

DATE : AUGUST 28, 2018 Digitally signed by Shubhashri Shridhar Pathak Date:

2018.09.10 11:04:57 +0530 Shubhashri Shridhar Pathak P.C.:

.

Not on board. Taken on board.

This appeal is by the original first defendant which takes exception to the order dated 20th August 2018 passed by the learned Single Judge. Paragraph 6 of the said order indicates that the order is passed by the consent of first, second and third defendants. The submission of the learned counsel for the appellant (first defendant) is that the said defendant had never given any consent. This contention cannot gone into in the appeal and the remedy of the appellant is to take out appropriate

proceeding before the learned Single Judge. There is other grievance about alleged inadvertent error while mentioning the suit number in paragraph 7 of the order. Even for this purpose, the remedy is before the learned Single Judge.

Subject to what is observed above, we decline to entertain this appeal. However, remedies of the appellant before the learned Single Judge are kept open. All contentions on merits are kept open. (M.S.SONAK,J.) (A.S.OKA,J.)